Andre Kirk Hypolite had his conviction for murdering Nicholas Dill quashed yesterday, with the Court of Appeal ordering a re-trial.

The court had heard claims that Hypolite's lawyer failed to mount a proper defence during his trial last year.

The accused man allegedly pointed the finger of blame at Stacy Pike — Mr. Dill's girlfriend who has a previous conviction for stabbing a man to death — in his instructions to Mr. Pettingill.

According to Hypolite's new lawyer Toby Hedworth QC, Mr. Pettingill failed to put this specific allegation to Ms Pike and to the jury. This, he said, meant the accused man did not have a fair trial.

The Court of Appeal is due to give its full reasons for quashing the conviction at a later date. However, President Justice Gerald Nazareth signalled that he and his two fellow judges accepted Mr. Hedworth's argument, saying it was "pretty clear" Mr. Hypolite's version was not put to the jury.

The judges agreed with Mr. Hedworth that Hypolite, 36, should have a fresh trial. However, they declined the invitation to grant him freedom ahead of this.

He will therefore remain in custody at Westgate, where he had been serving a minimum 15-year jail term for murder.

A fresh application for bail will be made when he appears before the Supreme Court on December 3, according to Mr. Hedworth.

Hypolite was convicted of stabbing father-of-two Mr. Dill, 44, in his Warwick home on Boxing Day 2004.

He was also convicted of wounding Ms Pike with intent to do her grievous body harm during the same incident and handed a concurrent five year jail term. This conviction was also ruled unsafe yesterday.

Among the other arguments Mr. Hedworth advanced during the appeal was that Mr. Pettingill denied Hypolite the chance to testify — against his wishes — and ruled out key defence evidence including a Police interview and psychiatric assessment of Ms Pike.

Instead he based the defence on a claim that Mr. Dill died from a drug overdose rather than blood loss from his wounds, calling top US pathologist Dr. Michael Baden to give evidence to this effect.

The jury should have been asked to consider "whodunit," but were never invited to do so, argued Mr. Hedworth.

Trial judge Carlisle Greaves also came under fire for allegedly leaving the jury "utterly confused" by his legal directions

Arguing yesterday that Hypolite's conviction was safe, Senior Crown Counsel Paula Tyndale read statements from Mr. Pettingill in which he said Hypolite's instructions were "rambling" and changed frequently, but that he was satisfied he provided the accused man with a full and professional defence.

His client was so confident in this, he said, that he spoke before the jury's verdict of starting a new life for himself and going to law school.

Ms Tyndale — the prosecutor during the trial — conceded that Mr. Pettingill did not specifically put it to Ms Pike that she inflicted the fatal wounds.

However, she said: "It was a strong and very viable defence that was advanced."

Hypolite showed little reaction to the ruling, apart from a brief smile and handshake with a supporter as he left court.